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Rahul   07 December 2021

Handicap husband forced to pay high interim maintenance !

CONCISE DISCUSSION :-

* HINDU husband, but wife left after his accident, as she didnt want to take care of a handicap unemployed husband !!!

* 1 Child born out of wedlock.

* HINDU wife, Software Engineer, and earns 1.47 lacks/month.

QUESTIONS:-

* Husband is UNEMPLOYED, and takes tuitions, to make ends meet, and earns 6000 to 7000/month, but interim maintenance (IM) is Rs. 12,000/month for the child. Why so high? (Husband paid half of all the IM)

* Wife is dragging the court case since 2015, and even the judge is saying that the past arrears should be cleared completely before the case can go further. Paying HALF doesn't work? 

* Why the maintenance amount it not proportionate to husbands and wife's earnings? Wife claims that her 1.47 lacks/month is enough for the 2 to survive !

 

 

 



 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     07 December 2021

Hello,

As per case stated by you, husband can claim maintenance from wife as he is having less income to meet his expenses. The case has to be properly presented before court. The maintenance amount has to be in proportion with husband and wife income. 

Rahul   07 December 2021

Dear SHIRISH PAWAR Sir,

Actually after the accident, as the wife was not interested in continuing the marriage, she started harassing husband and his side of the family, so it was me/husband who at last, seeing no other option, filed for divorce.

My understanding is that a person who files for divorce is not entitled for maintenance. Is this right?

IRONY: As the law anyways is lenient towards wifes, they ancourage maintenance to non-working women, but at the same time if the husband is handicap and unemployed, the Judges still expect the husband to waive their rights to maintenance !!! (Sad but mostly true, and depends on the Judge, where again, majority are women centric)

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     17 December 2021

You should file Section 9 under Hindu Marriage Act - Restitution of Conjugal Rights(RCR) along with section 24 (maintenance pendent lite) under Hindu Marriage Act together and claim maintenance. Attach your medical report along with you section 24 petition to grand interim maintenance. Also file maintenance u/s 125 CrPC on the criminal court. If judge says that it is not maintainable and writes the same on the order sheet then file write petition (mandamus) on the High Court under Article 266 along with article 14, 15 and 21 of Indian constitution for equal justice with either spouse. Attach your medical report to all of your complains.

Thanks,
Rocky
https://www.facebook.com/RockySmith4Calcutta/

Anaita Vas   18 January 2022

The provision of husbands’ right to claim Maintenance from their wives is provided under the Hindu Marriage Act, 1955. Section 24 of the Hindu Marriage Act provides for the Maintenance of Pendente Lite and the expenses of the proceeding to the husband. Section 25 provides the husband with the right to get permanent alimony and Maintenance. The term “Maintenance’’ here includes a wide range of things such as food, shelter, clothing, and other necessities which a person needs to sustain his/her life: 

  • Under Section 24, a “deserving man” who does not have an independent income sufficient for his living and support and does not have the necessary expenses for the proceeding can claim Maintenance from his wife if his wife can afford to do so. 
  • Section 25 allows permanent alimony and Maintenance to the husband. It obligates the wife to pay such gross sum or monthly or periodical sum for the husband’s lifetime, keeping in mind the wife’s income and property. The court can modify the order if there found any change in circumstances. For example, in the case of mutual consent divorce, if the parties agree not to claim Maintenance, the court can grant Maintenance according to the case’s circumstances and facts.

There is no fixed amount of maintenance that shall be paid. It is the discretion of the court to determine the amount of maintenance. While determining the amount of maintenance to the husband, the court shall consider the wife’s earning capacity and the wife’s needs so that no unnecessary burden shall be put upon the wife.

 

Regards,

Anaita Vas


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